Title
a. Receive a follow-up report as directed during Fiscal Year (FY) 2014-15 Budget Hearings on June 10, 2014 requesting additional information regarding consideration of a County Fuel Mitigation Officer position in response to wildfire concerns;
b. Consider and advise staff regarding recommendation to allocate $130,000 from General Fund Contingencies to fund increased FY 2014-15 costs for Fire Mitigation Project/Grant Management and Fire Plan Review positions supporting the County Fire Warden for six months beginning January 2015; and
c. Provide direction to staff regarding amending the Memorandum of Understanding In Support of the Monterey County Fire Warden Office.
(Budget for RMA-Fire Warden FY 14-15)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive a follow-up report providing additional information regarding consideration of a County Fuel Mitigation Officer position in response to wildfire concerns;
b. Consider and advise staff regarding recommendation to allocate $130,000 from General Fund Contingencies to fund increased FY 2014-15 costs for Fire Mitigation Project/Grant Management and Fire Plan Review positions supporting the County Fire Warden for six months beginning January 2015; and
c. Provide direction to staff regarding amending the Memorandum of Understanding In Support of the Monterey County Fire Warden Office.
SUMMARY:
At the June 10, 2014 budget hearings, the Board of Supervisors considered additional funding requests for FY 2014-15 expenditures that were not included in the Recommended Budget due to funding constraints. The Board requested additional information regarding consideration of a County Fuel Mitigation Officer position in response to wildfire concerns to more thoroughly understand the nature and scope of the issues, impacts, and availability of potential financing options.
In late May 2014, the Fire Warden presented the County Resource Management Agency (RMA) with a proposed organizational chart that included two positions that that would be funded by Monterey County: 1) Project Layout/Grant Management, and 2) Fire Warden Education, Planning and Fire. The total requested contribution from the County is $260,000, which funds the two positions for one year. It is believed that some of this cost can be offset by grants and/or fees; however, associated sources of revenues are currently unknown and unrealized so full funding would be assumed for initial budget purposes. Based on discussions with stakeholders, staff recommends that the Board consider allocating funding for half of the year starting January 2015 ($130,000 for six months), providing time to pursue grants and develop a fee program to help offset ongoing costs for the two positions in the Office of the Fire Warden. If the Board so directs, staff would return to the Board with the proposed budgetary action.
The County Fire Warden has also submitted proposed changes to the Duty Statement for the Fuel Mitigation Officer. Staff finds that proposed changes would require amending the MOU for County Fire Warden adopted in 2011. The Monterey County Fire Safe Council has proposed an amendment to the MOU. (Attachment B.) If the Board agrees with the concepts proposed in that amendment and if the Board so directs staff, staff would negotiate the wording with the parties to the MOU, finalize the amendment, and return to the Board with a final amendment for the Board's future consideration and action.
DISCUSSION:
On November 8, 2011, the Board of Supervisors established the County Fire Warden position by ordinance. (Ordinance No. 5192, enacting Chapter 2.33.) The Board also approved a Memorandum of Understanding in Support of the Monterey County Fire Warden Office (MOU). The MOU was signed by some 17 fire organizations within Monterey County. The MOU reactivated the County Fire Warden position and created a Fuel Mitigation Officer to serve at the direction of the Monterey County Resource Management Agency (RMA) to aid in enforcing all laws and ordinances and any rules or regulations adopted by the State Board of Forestry and Fire Protection and State Fire Marshal relating to fire prevention and protection within the unincorporated territory that is not within a local fire district jurisdictional area. The Board also appointed the then Cal Fire Chief for the San Benito-Monterey area, Chief Rick Hutchinson, to serve as the Monterey County Fire Warden and Fuel Mitigation Officer.
After the recent retirement of Chief Hutchinson, the Fire Safe Council has proposed changes to the Fuel Mitigation Officer duties established in the MOU. RMA staff finds that proposed changes would require amending the MOU adopted in 2011. Proposed amendments to the MOU were drafted by the attorney for the Monterey County Fire Safe Council. (Attachment B). The amendment is under staff and counsel review and will require some revision as to form; however, at this juncture, staff is only seeking Board direction. If the Board generally agrees with the concepts presented in the Fire Safe Council proposal, staff would negotiate the wording of the amendment with the parties to the MOU and finalize an amendment for future consideration by the Board. Fire agencies who were party to the MOU would need to sign the final amendment.
The BOS entered into an MOU based on the premise that the CalFire would accomplish provisions within their organizational structure and grants. Financing, as characterized in the 2011 staff reports was as follows:
"There is no financial impact to the General Fund as recommended. Cal Fire has agreed to utilize the existing Chief position to fill the Fire Warden and Fuel Mitigation Officer positions. Grant funding will be sought by the Fire Warden to enable the Fuel Mitigation Officer position to become fully functional. If the Board elects to include additional noticing requirements (Section IX), staff estimates the additional notice would result in additional work for staff equating to 0.1 FTE. This work would be absorbed by existing budgeted staff, which would result in adjusting priorities within the workload".
Based on this 2011 staff report language, staff has made no financial assumptions in the FY 2014-15 RMA budget.
In late-May 2014, the Fire Warden presented RMA with a proposed organizational structure (Exhibit A to Attachment B) and cost breakdown for Fire Warden and Fuel Mitigation office functions (Attachment C). This organization chart identifies nine positions funded by various sources including Cal Fire (3 FTE), State Responsibility Area (SRA) Fire Prevention Fee (2 FTE), Fire Safe Council (2 FTE), and Monterey County (2 FTE). Two positions are identified for funding by Monterey County at a total cost of $260,000/year:
1. Project Layout/Grant Management (1 FTE). This position's salary would be equivalent to a Forestry Assistant II, would reside with Cal Fire, and assumes Monterey County contributing $105,000/yr., with the possibility of a portion of this cost to be offset by grants.
2. Fire Warden Education, Planning and Fire Code (1 FTE). This position's salary would be equivalent to a Battalion Chief and would reside with RMA to assist with plan review and front counter duties relative to fire codes and assumes Monterey County contributing $155,000/yr., with the possibility of a portion of this cost to be offset by plan check fees for fire.
Various grants are available that could provide administrative funds. Staff intends to bring forward a separate item to consider permit fees that could be used for this purpose. However, these revenues are currently unknown and unrealized. As such, any allocation from the County at this time would need to assume full funding. Funding the two positions for the last half of the fiscal year (six months) would reduce the amount needed in FY 2014-15 to $130,000.
OTHER AGENCY INVOLVEMENT:
The following agencies have participated in the preparation of this report:
County Fire Warden/Fuel Mitigation Officer
Fire Safe Council of Monterey County
RMA - Building Services
RMA - Planning
FINANCING:
The FY 2014-15 Budget does not include funding for these positions. Staff is recommending an allocation of $130,000 in support of the two positions beginning January 2015. If the Board approves this recommendation, staff will return with a report requesting the appropriation. Should it be determined to hold off funding at this time, staff will follow up with a request for budget modification presented through the Board's Budget Committee pending evaluation of the RMA budget at mid-year. Staff will also pursue various revenue sources including grants and permit fees, and include updated availability of funding, if any, at that time.
Prepared by: Carl P. Holm, AICP, ext. 5103
Approved by: Benny Young, Director Resource Management Agency
cc: |
Front Counter Copy; Board of Supervisor's (16); County Counsel; Environmental Health Bureau; RMA-Public Works; Monterey County Water Resources Agency; RMA;RMA-Building Services; RMA-Planning; CalFire-Chief Rick Hutchinson, NCFD-Chief Orman; Pam Silkwood, Julie Engell; John Farrow (MR Wolfe & Associates) |
The following attachments are on file with the Clerk of the Board:
Attachment A 2011 MOU
Attachment B Draft Amendment #1 to MOU Proposed by Fire Safe Council
Exhibit A Organizational Chart
Exhibit B Fuel Mitigation Officer Duty Statement
Attachment C Cost Breakdown for the Fire Warden and Fuel Mitigation Office